What is my Pain and Suffering Worth after a Car Accident?
Compensation for personal injuries resulting from a car accident often includes consideration for non-economic damages.
This can include pain and suffering, the valuation of which isn't as easy to quantify as the economic damages after an accident.
The toll of a person's emotional distress and psychological pain is hard to objectively measure, but car accident attorneys have several methods commonly used to estimate the losses.
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In most personal injury cases the multiplier technique will be used to quantify pain and suffering, but ultimately it will be up to the court's discretion.
This multiplier method technique estimates the accident pain alongside the economic losses incurred. This method attempts to multiply the damages in consideration of the severity of the suffering endured.
Some jurisdictions, however, recognize and use a per diem method to calculate pain and suffering, which assigns a specific dollar value for each day of pain until the victim reaches maximum recovery.
Whichever method your car accident injury lawyer uses, the goal is an attempt to compensate victims in consideration for the intensity of the suffering, injuries, anxiety, and trauma experienced.
Here's How to Calculate Pain & Suffering using the Most Common Methods
Lawyers will determine the final value of pain and suffering damages calculated using the multiplier method, the per diem method, or one of several other methods at the court’s discretion.
Multiplier method: The multiplier method starts with measurable economic costs, such as the cost of accumulated and ongoing medical bills, and multiplies that amount to get a number representing the amount owed for damages. Presented as an equation, it might look like:
Presented as an equation it might look like:
((Total Medical Bills) x (Multiplier)) + Other Economic Damage Costs
The value of the multiplier can impact the total number of damages significantly and provides consideration for severity of injury. Minor injuries will only result in small multiple, the medical bills can be multiplied by up to as much as 5x for serious accident injuries.
Per Diem method: The per diem (daily rate) method calculates and then assigns a dollar amount for pain or discomfort that you experience on a daily basis. It effectively 'pays' you for your pain suffered as if the money was compensation for duties. The more painful and frequent the suffering the higher daily dollar amount.
Other methods of calculation: The court is not obligated to prefer one method over another. In the case of a settlement, either party may agree on any figure accepted by both parties. In some cases a rate is drawn from the doctor who will be providing the most care. Other times, the court may hire a focus group to offer a polled response for a fair and full amount for pain and suffering endured.
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Potential Economic & Non-Economic Damages in a Car Accident
Examples of recoverable damages after a serious auto accident include:
- Medical Expenses: These are the measurable costs associated with medical care. For example, medical bills for hospital visits, surgery, ambulance and emergency services, prescription medication, physical therapy, etc.
- Lost Wages: Financial consideration for lost wages and income for the injured party prevented from work due to injury. For example, if a commercial truck driver suffers a severe concussion and is unable to work for three months, he can claim lost wages he would otherwise have earned.
- Loss of Earning Capacity: When the injuries of a car accident victim result in permanent disability or limitations, the victim can seek recovery for future earnings lost as a result of the injuries sustained.
- Pain and Suffering: Damages for the physical and emotional distress caused by the car accident injury. For example, a person who suffered an amputation after a crushing impact can seek to recover damages for the physical pain, emotional trauma and anguish in addition to the measurable economic damages associated with the harm suffered.
- Emotional Distress: Financial compensation for the psychological impact of an injury, which may include fear, anxiety, sleep loss, etc. Accident survivors with PTSD may be able to recover compensation for emotional distress.
- Loss of Enjoyment: Damages in consideration for the loss of day-to-day enjoyment for pursuits like hobbies, exercise, and other recreational activities. For example, if a cyclist can no longer ride a bike due to a dashboard knee injury which prevents their being able to ride as they used to.
- Loss of Consortium: Potential damages for the impact on a plaintiff's relationship with their spouse.
- Punitive Damages: Potential damages intended for punishment of the responsible party over extremely reckless behavior or for especially harmful actions.
- Property Damage: Recovery consideration for the loss of property. Most commonly associated with auto accident cases is to include the repairs or replacement of the vehicle wrecked in the crash.